Gavin Newsom’s Fresno tax battle gets ugly as state, county knock judges off case

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Key points

• Fresno County sued California, the Fresno County Clerk and supporters of the Better Roads, Safe Streets campaign after Newsom signed AB 1923 earlier this month.
• Newsom's signature on AB 1923 effectively forced the matter back onto the November ballot.
• It would direct the California Transportation Commission and California Transportation Agency to continue studying mileage-based tax options rather than immediately imposing one.
• Three Fresno County supervisors had voted to order a 30-day review of the citizen-backed initiative, arguing that state election law allowed them to do so.
• The battle comes as Fresno County fights Sacramento over a half-cent sales tax that would raise funds for roads and other transportation projects.

Gov. Gavin Newsom's push to force a controversial Fresno County transportation tax onto the November ballot has hit another legal roadblock after the county challenged a second judge in the case.

For context, the battle comes as Fresno County fights Sacramento over a half-cent sales tax that would raise funds for roads and other transportation projects. The latest fight follows the state's successful effort to remove Fresno County Superior Court Judge Robert Whalen from the case.

Attorney General Rob Bonta filed a motion Aug. 14 seeking Whalen's disqualification, claiming the state and its lawyers believed the judge was prejudiced against California. Whalen previously served on the Clovis City Council.

After he was removed, Judge Virna Santos was assigned to the case. Fresno County then challenged Santos' appointment, according to Supervisor Nathan Magsig.

"Judge Whalen was challenged by the state and removed. There was another judge that was assigned. The county of Fresno is disputing the most recent judge who was assigned, " Magsig remarked.

"A few years ago, that judge actually worked directly for one of the named individuals in our lawsuit, " he continued.

Now the county is waiting for the Superior Court to assign yet another judge.

Meanwhile, the legislation requires Fresno County to put the citizen-backed transportation measure on the November ballot.

Notably, the measure would create a half-cent sales tax for roads and other transportation needs.

Fresno County is now racing against a Sept. 9 ballot-printing deadline as the legal fight over Sacramento's intervention continues.

"I'm confident that, when we do have that final judge in place that the concerns that the county has and then, of course, the rebuttals from the state will all be heard before that September 9th deadline, " Magsig remarked.

Meanwhile, the fight comes as California Democrats continue looking for ways to replace declining gas tax revenue while the state faces a multibillion-dollar budget deficit and more drivers switch to electric vehicles. Democratic lawmakers have additionally been exploring mileage-based taxes.

State legislators advanced Democrat Lori Wilson's AB 1421. It would direct the California Transportation Commission and California Transportation Agency to continue studying mileage-based tax options rather than immediately imposing one.

For now, gavin Newsom's Fresno tax battle gets ugly as state, county knock judges remains the part of the story worth watching, and further updates are likely as more details are confirmed.